NAIROBI, Kenya – Inspector General of Police Douglas Kanja has been ordered to appear before the High Court on Tuesday, November 3, to explain the disappearance of Tanzanian activist Twaha Mwaipaya, whose whereabouts have remained unknown since he was reportedly seized by armed men in Kenya.
Justice Alexander Muteti issued the summons on Monday, November 2, after expressing concern that the State had failed to account for the activist or clarify whether he had been irregularly removed from the country and returned to Tanzania.
The judge said Kanja, as head of the National Police Service, was best placed to explain whether police officers or other State agents had been involved in the disappearance.
The court also questioned why the State had not filed an affidavit addressing the circumstances surrounding the case.
“The State ought to have filed an affidavit in this matter, considering its gravity,” Justice Muteti observed.
He said the Inspector General would be required to address the possibility that Mwaipaya had been abducted and repatriated without following due process.
The court’s intervention comes as concerns grow over the safety of the Tanzanian national, who reportedly fled his home country in 2025.
Court Questions Possible Irregular Deportation
Justice Muteti said the Attorney General should provide the necessary assistance to the court in a matter involving the liberty of a foreign national.
The judge noted that the State had yet to establish whether Mwaipaya was being held by any security agency or had been transferred across the border.
The court therefore found merit in requiring Kanja to appear personally and explain the possibility of an irregular removal from Kenya.
However, Muteti declined to summon Directorate of Criminal Investigations (DCI) Director Mohamed Amin separately, reasoning that the Inspector General had overall authority over police matters.
The decision followed an application by Senior Counsel Martha Karua, who represented human rights organisation Vocal Africa.
Karua had asked the court to compel both Kanja and Amin to attend personally and account for the activist’s disappearance.
Karua Questions Police Response to Missing Person Report
During Monday’s proceedings at Milimani Law Courts, Karua questioned the State’s account that investigations into Mwaipaya’s disappearance began on October 26.
She argued that police had been notified on Sunday, October 25, when the activist was reported missing, and should have acted immediately rather than waiting for formal service of court documents.
“Having been notified on Sunday, they cannot say that they only began investigating on Friday unless they are telling the court that they have abandoned the duty we pay them for,” Karua submitted.
She also maintained that the appearance of junior representatives from the National Police Service and DCI was insufficient, arguing that the agencies’ respective heads should personally explain what had happened.
State Counsel Marwa, representing the Inspector General and DCI director, opposed the application.
He maintained that investigations were ongoing and insisted that Mwaipaya was not in the custody of either Kanja or Amin.
The State asked the court to allow investigators more time to complete their work and submit their findings.
Activist Reportedly Seized by Armed Men in Kamulu
Mwaipaya was reported missing on Sunday, October 25, after unidentified individuals allegedly intercepted a taxi in which he was travelling to visit friends in Kamulu.
The Kenya National Commission on Human Rights (KNCHR) said the activist was reportedly removed from the vehicle by individuals travelling in a convoy of three vehicles.
The commission said his whereabouts remained unknown and noted that he had fled Tanzania in 2025 over fears for his personal safety.
Vocal Africa subsequently moved to court seeking orders compelling the authorities to establish his whereabouts and produce him before the court.
On October 30, Justice Muteti directed police and other security officials to produce Mwaipaya before the court, dead or alive, and provide the original warrant authorising his detention if he was being held in custody.
The court also required the authorities to explain why he should not be released immediately.
The latest summons places further responsibility on the Inspector General to account for the missing activist as investigations continue.
Kanja is expected to appear before Justice Muteti on Tuesday, November 3, with the central question remaining unanswered: Where is Twaha Mwaipaya?
